Pa. Supreme Court justices join panel to push back against campaign to oust them

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As Pennsylvanians look ahead to the November election, an unusually intense fight looms over the retention of three Democratic justices on the state Supreme Court.

Normally a sleepy race, some right-wing activists aligned with President Donald Trump are actively campaigning against retaining Justices Christine Donohue, Kevin Dougherty and David Wecht, citing their past rulings on pandemic “lockdowns” and voting laws. The court currently leans Democratic, with a 5–2 majority, making the race this year a contest that could reshape the court’s ideological balance for years.

While justices who are up for reelection are limited in their ability to campaign, Pennsylvanians were granted a rare chance to hear directly from the three justices on this year’s retention ballot during the Committee of Seventy’s “Behind the Ballot – Fireside Chat,” held last night at Central High School in Philadelphia. The panel was moderated by Cherri Gregg, co-host of WHYY’s “Studio 2.”

During the discussion, the justices pushed back on the idea that they were partisan in the way they decide cases.

“We have to apply the law as we interpret it to exist and apply it, and the result is going to be what the result is going to be, but it’s the process that we must ensure is fair and following predictable rules in matters of statutory interpretation,” Wecht told the audience. “We must interpret and apply the law that the General Assembly gave us. They’re the policy makers.”

Wecht added that they are also called on to “interpret what the law should be,” but that “we’re also not free agents there either, because we must apply the precedents or find a way to distinguish them.”

Pennsylvania is one of only eight states that determines the makeup of its courts through partisan races, whereas, in most states, the governor appoints justices or they are chosen through nonpartisan elections. That has led to accusations of partisanship.

Dougherty pushed back on that assertion.

“The Constitution required us to run as a partisan, but the moment we were elected, when we put that black robe on, we hung up that partisan title and we have watched ourselves accordingly,” Dougherty said. “And when you look at the Pennsylvania Supreme Court, you’ll never hear us say it’s how many Democrats, how many Republicans? We say that we’re seven.”

Donohue added that the Democrats “disagree with each other all the time” and are often in alignment with Republicans.

“That’s a function of the interpretive process that we individually go through when we’re presented with an issue, and that’s true with our colleagues who were elected as Republicans,” she said. “So partisanship, honestly, from the time I served on the Superior Court to this very moment, has never been part of the function of my jurisprudence.”